SERVICE AGREEMENT / TERMS AND CONDITIONS OF USE OF www.popboxdisplay.com
1. ACCEPTANCE OF TERMS AND CONDITIONS OF USE
The www.popboxdisplay.com website owned by popbox display is subject to the following Terms and Conditions of Use. popbox display reserves the right to update these Terms and Conditions of Use at any time without notifying the User. The User can find the latest version of the Terms and Conditions of Use by clicking on the 'Terms and Conditions of Use' hypertext link located at the bottom of www.popboxdisplay.com
1.1 This Agreement sets forth the terms and conditions that apply to the User's use of www.popboxdisplay.com By using www.popboxdisplay.com the User agrees to comply with all the terms and conditions hereof. The User has an exclusive right to use www.popboxdisplay.com which is not transferable to any other person or entity. The User is responsible for the use of the User`s Account under any screen name or password, and for ensuring that the use of the User`s Account is in full compliance with the provisions of the Terms and Conditions hereof. The User shall be responsible for protecting the confidentiality of the User`s password(s), if any.
1.2 Popbox display is entitled to change or discontinue any aspect or feature of www.popboxdisplay.com at any time, including but not limited to the content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
Popbox display is entitled to change or modify the terms and conditions applicable to the User`s use of www.popboxdisplay.com at any time, or to change or modify any part thereof, or to impose new conditions for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to posting on www.popboxdisplay.com or by electronic or conventional mail, or by any other means by which the User obtains the notice thereof. Such changes, modifications or additions shall be deemed accepted by the User in case of any use of www.popboxdisplay.com by the User after said notice.
Popbox display is entitled to add other services/products to the Popbox display website, which are not explicitly specified herein.
3. DESCRIPTION OF WEB TO PRINT/DESIGN AND OTHER SERVICES
Under its ownership of www.popboxdisplay.com provides the User the access to a variety of products, services, images, designs, resources, including download areas, communication forums and product information (hereinafter: 'Products/Services'). Products/Services, including any updates, enhancements, new features, and/or addition of any new web properties, are subject to the Terms and Conditions of Use of www.popboxdisplay.com
www.popboxdisplay.com offers the User the option of web-to-print/design services. To purchase the Popbox display products/services, the User has to register at www.popboxdisplay.com as a company or a private person.
Upon the registration, the User shall obtain full access to all the advantages of the Popbox display website as specified below:
3.1.1 by creating an account with the Popbox display store, the customer will be able to:
126.96.36.199 move through the checkout faster, store multiple shipping addresses, view and track his/her orders in his/her account;
188.8.131.52 complete access to design studio;
184.108.40.206 store his/her designs for later or repeat use;
220.127.116.11 store his/her images in high and low resolution;
18.104.22.168 store his/her images on the Printbyme`s server during the time of working on his/her project and for later use;
22.214.171.124 check the state of his/her order;
126.96.36.199 follow his/her shipment;
188.8.131.52 repeat the orders;
184.108.40.206 subscribe to the Popbox displays newsletter;
220.127.116.11 have an insight into his/her history of purchases and designs;
18.104.22.168 tag or comment on Popbox display's products/services;
22.214.171.124 create his/her own wishlist.
Purchases made by private persons will be treated under the rules applicable to customers. Final product prices are shown on www.popboxdisplay.com in euros. Depending on the country of origin or the type of registration the prices are displayed on said website with or without taxes. The company reserves the right to periodically change and modify the prices shown on the website. Shipping costs are included for all www.popboxdisplay.com B2C products and offers with the exception as described under paragraph 3.7. and/or exceptions specified in the description of some products. The shipping cost of B2B products is calculated on the order volume basis and in agreement with the customer depending on the specific situation.
In case of certain exceptions or certain products, the Company reserves the right to charge the shipping costs to the client/website user (more details are provided under paragraph 3.7.).
3.2 Selection of products/services and purchasing
The User can proceed with the process of purchasing the products/services after the conclusion of the website registration and authentication. The selection of products/services includes the selection of a single product, its customisation and adding the requested quantity to the shopping basket. The User has two selection and purchasing options as regards the products/services offered on www.popboxdisplay.com
3.2.1 the first one includes the images and designs created by Popbox display
3.2.2 the second option includes the possibility to design and/or upload the images/artworks that the User wishes to print to the upload/studio area.
In both cases the User must first upload the files/documents that will be printed to the upload area, than confirm the quotation and complete the payment with the exception of the bank transfer payment. After the selection of the products/services, the order will be displayed on the screen with all its costs. The User will have the possibility to check the order shown on the screen and confirm it for payment.
3.3 Payment methods and loading of files/documents
The products/services available on www.popboxdisplay.com can be purchased online by using the following payment methods:
3.3.1 by a debit/credit card via PayPal
3.3.2 by bank transfer
as specified in the instructions on www.popboxdisplay.com
As specified in the instructions, all payments must be carried out in advance. The production of ordered products/services will begin only after uploading desired files/documents and the receipt of the payment made by the client.
In case of a bank transfer, the production will start after the receipt of the payment. Consequently, the delivery can be delayed by 2 to 3 days and the necessary time for printing and shipment services.
In the ordering process, all invoices are issued by Popbox display, the Popbox display trademark holder. A review of all issued invoices to the single customer is located in the 'My Account' folder/map. All issued invoices are also sent by Popbox display to each customer on his/her e-mail. Each User is responsible for printing and archiving all received invoices addressed to him/her.
3.4 User conduct and User responsibility for uploading files/documents
3.4.1 The User shall use www.popboxdisplay.com for lawful purposes only.
3.4.2 The User shall not post or transmit through www.popboxdisplay.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages the conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Popbox display express prior approval, contains advertising or any solicitation with respect to products or services. Any User's conduct that, at the discretion of Popbox display, restricts or inhibits any other User from using or enjoying www.popboxdisplay.com will not be permitted. The User shall not use www.popboxdisplay.com to advertise or perform any commercial solicitation, including but not limited to the solicitation of users to become subscribers of other on-line information services competitive with Popbox display
3.4.3 www.popboxdisplay.com contains copyright material, trademarks and other proprietary information, including but not limited to text, software, photos, video, graphics, music and sound. The entire contents of www.popboxdisplay.com are copyrighted as a collective work under the SLOVENIA copyright laws. Popbox display owns the copyright in the selection, coordination, arrangement and enhancement of such content as well as in the content original to it. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. The User may download copyrighted material for User`s personal use only. Except as otherwise expressly permitted under the copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Popbox display and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
3.4.4 The User shall not upload, post or otherwise make available on www.popboxdisplay.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right while the burden of determining that any material is not protected by copyright rests with the User. The User shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.popboxdisplay.com the User automatically grants, or warrants that the owner of such material has expressely granted Popbox display the royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The User also permits any other User to access, view store or reproduce the material for the other User`s personal use. The User hereby grants Popbox display the right to edit, copy, publish and distribute any material made available on www.popboxdisplay.com by the User.
3.4.5 The foregoing provisions are concluded for the benefit of Popbox display, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
3.4.6 The User agrees with the Popbox display right to use the User's solutions/designs elaborated by Popbox display for the purpose of showing them as references on the Popbox display website.
3.5 Verification of uploaded files/documents
In accordance with its business policy, Popbox display as the owner of the Popbox display trademark, checks and examines all received files and documents uploaded to www.popboxdisplay.com by individual customers or by individual contracting entities, prior to any start of the printing process. The company will check the contents and the graphic characteristics of the document. If they are adequate, the Popbox display system or the administrator will continue with the printing process. Otherwise, if the files or documents do not conform, the purchase order will be blocked and the User will be advised by e-mail to resend the correct format of file with all requested/necessary characteristics. The compatibility of the files/documents includes dimensions, resolution, typology of characters, their conversion, colours and other necessary basic technical characteristics.
Additional verification of uploaded files/documents is not possible. The User has to upload the file/documents in accordance with the terms and conditions described in the footer on …..
3.6 Delivery and shipping
The delivery and shipping process starts after completing the purchase order payment. The process of delivery begins after order completion, the uploading of the document/file and order confirmation. Delivery and shipping times are the same for the countries available on www.popboxdisplay.com
The order is completed after the receipt of the uploaded file/document and after the receipt of the confirmation AN by the User.
Shipping and delivery will proceed in accordance with the provisions specified in the payment menu provided that the order is confirmed until 6.00 pm on the same working day. The execution of payment and the receipt of files/documents after 6.00 pm shall be treated as received on the next working day.
The User is entitled to withdraw if the products have a design/graphic provided by the Popbox display website and if the User does not upload a personalized design or graphics. In this case, the User is entitled to withdraw from this Agreement in the period of 8 (eight) days after the delivery of the products/services without the penalties and without specifying the reason. In doing so, the User has to communicate the withdrawal to Popbox display in a written form to the following address:
Product Info : firstname.lastname@example.org
Order Info : email@example.com
Tel:+6 03 8724 4888
The User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for the access to and the use of www.popboxdisplay.com and all charges related thereto.
5. USE OF SERVICES
The User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. For example, and not as a limitation, the User agrees that when using the Communication Services, the User will not:
5.1 use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
5.2 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
5.3 publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
5.4 upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless the User owns or controls the rights thereto or has received all necessary consent to do the same;
5.5 use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
5.6 upload files that contain viruses, worms, corrupted files, or any other similar software or programs that may damage the operation of another`s computer or property of another;
5.7 download any file posted by another user of the Communication Service that the User knows, or reasonably should know, it cannot be legally reproduced, displayed, performed, and/or distributed in such a manner;
5.8 falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
5.9 restrict or inhibit any other user from using and enjoying the Communication Services;
5.10 violate any code of conduct or other guidelines which may be applicable to any particular Communication Service;
5.11 harvest or otherwise collect information about others, including e-mail addresses;
5.12 violate any applicable laws or regulations;
5.13 create a false identity for the purpose of misleading others;
5.14 use, download or otherwise copy, or provide (whether or not for free) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Popbox display has no obligation to monitor the Communication Services. However, Popbox display reserves the right to review materials posted on the Communication Services and to remove any materials at its sole discretion. Popbox display reserves the right to terminate the User`s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Popbox display reserves the right to disclose any information at any time as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at its sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; the User is responsible for adhering to such limitations if said User downloads the materials.
Always use caution when giving out any personally identificable information in any Communication Services. Popbox display does not control or endorse the content, messages or information found in any Communication Services and, therefore, Popbox display specifically disclaims any liability with regard to the Communication Services and any actions resulting from the User`s participation in any Communication Services. Managers and hosts are not authorized Popbox display spokespersons, and their views do not necessarily reflect those of Popbox display
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
If any of the Services require the User to open an account, the User must complete the registration process by providing Popbox display with current, complete and accurate information as prompted by the applicable registration form. The User will also choose a password and a user name. The User is entirely responsible for maintaining the confidentiality of said User`s password and account. Furthermore, the User is entirely responsible for any and all activities that occur under the User`s account. The User agrees to immediately notify Popbox display of any unauthorized use of the User`s account or any other breach of security. Popbox display will not be liable for any loss that may be incurred by the User as a result of someone else using the User`s password or account, either with or without the User`s knowledge. However, the User could be held liable for losses incurred by Popbox display or another party due to someone else using the User`s account or password. The User may not use anyone else`s account at any time, without the permission of the account holder.
7. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON www.popboxdisplay.com
The permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that:
7.1 the below copyright notice appears on all the copies together with this permission notice;
7.2 the use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media.
Popbox display and/or its respective suppliers make no representations about the suitability of information contained in the documents and related graphics and are provided 'as is' without warranty of any kind. Popbox display and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Popbox display and/or its respective suppliers be liable for any special indirect or consequential damages or any damages whatsoever resulting from the loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in the connection with the use or performance or information available from the services.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Popbox display and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
8. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
In no event shall Popbox display and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from the loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in the connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
9. MATERIALS PROVIDED TO POPBOX DISPLAY OR POSTED ON ITS www.popboxdisplay.com WEBSITE
Popbox display does not claim the ownership of the materials the User shall provide to Popbox display (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a 'Submission' and collectively 'Submissions'). However, by posting, uploading, inputting, providing or submitting (hereinafter: 'Posting') the User`s Submission, the User is granting Popbox display its affiliated companies and necessary sublicensees the permission to use the User`s Submission in connection with the operation of their Internet businesses (including, without limitation, all Popbox display Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the User`s Submission; to publish the User`s name in connection with the User`s Submission; and the right to sublicence such rights to any supplier of the Services.)
In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part (hereinafter: 'Images'), the User warrants and represents that:
9.2 the use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and
9.3 each person depicted in such Images, if any, has provided consent to the use of the Images as set forth hereinunder, including, by way of example, and not as a limitation, the distribution, public display and the reproduction of such Images.
By Posting Images, the User is granting (a) to all members of the User`s private community (for each such Image available to members of such private community), and/or (b) to the general public (for each such Image available anywhere on the Services, other than a private community), the permission to use the User`s Images in connection with the use, as permitted hereinunder, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the User`s Images without having the User`s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licences granted in the preceding sentences with regard to the Images will terminate at the time the User completely removes such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time the User has completely removed such images. No compensation will be paid with respect to the use of the User`s Images.
10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
10.1 The User expressly agrees that the use of www.popboxdisplay.com is at the User`s sole risk. Neither Popbox display nor its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that www.popboxdisplay.com will be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of www.popboxdisplay.com or as to the accuracy, reliability or content of any information, service, or merchandise provided through www.popboxdisplay.com
10.2 www.popboxdisplay.com is provided on an 'as is' basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
10.3 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. The User specifically acknowledges that Popbox display is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User.
10.4 In no event will Popbox display or any person or entity involved in creating, producing or distributing www.popboxdisplay.com or the Popbox display software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use www.popboxdisplay.com The User hereby acknowledges that the provisions of this section shall apply to all content on the site.
10.5 In addition to the terms set forth above neither Popbox display nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or authenticity of, the information contained within www.popboxdisplay.com or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
10.6 Prior to the execution of a stock trade, users are advised to consult with their broker or other financial representative to verify the pricing or other information. Popbox display its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither Popbox display nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of information.
10.7 Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond their reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.
11. LINKS TO THIRD PARTY SITES
The links therein will allow the customer leave the Popbox display site. The linked sites are not under the control of Popbox display and Popbox display is not responsible for the content of any linked site or any link contained in the linked site, or any changes or updates to such sites. Popbox display is not responsible for webcasting or any other form of transmission received from any linked site. Popbox display is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by Popbox display site.
Popbox display is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Popbox display has no more editorial control over such content than does a public library, bookstore, or a newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of www.popboxdisplay.com are those of the respective author(s) or distributor(s) and not of Popbox display Neither Popbox display nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through www.popboxdisplay.com represents the opinions and judgments of the respective information provider, the User, or other user not under contract with Popbox display neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on www.popboxdisplay.com by anyone other than authorized Popbox display employee spokespersons while acting in their official capacities. Under no circumstances will Popbox display be liable for any loss or damage caused by the User`s reliance on information obtained through www.popboxdisplay.com It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Popbox display. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12. UNSOLICITED IDEA SUBMISSION POLICY
Popbox display or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Popbox display products or marketing strategies might seem similar to ideas submitted to Popbox display Please do not send your unsolicited ideas to Popbox display or anyone at Popbox display If, despite our request for not submitting your ideas and materials, you still send them, please understand that Popbox display makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Popbox display shall have the right, but not the obligation, to monitor the content of www.popboxdisplay.com including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Popbox display and to satisfy any law, regulation or authorized government request. Popbox display shall have the right, at its sole discretion, to edit, refuse to post or remove any material submitted to or posted on www.popboxdisplay.com Without limiting the foregoing, Popbox display shall have the right to remove any material that Popbox display, at its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
The User agrees to defend, indemnify and hold harmless Popbox display, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney`s fees, arising out of the use of Popbox display by the User or the User`s Account.
Either Popbox display or the User may terminate this Agreement at any time. Without limiting the foregoing, Popbox display shall have the right to immediately terminate the User`s Account in the event of any User's conduct which Popbox display, at its sole discretion, considers to be unacceptable, or in the event of any breach hereof by the User.
This Agreement and any operating rules for www.popboxdisplay.com established by Popbox display constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the REPUBLIC OF SLOVENIA, EUROPE, without regard to its conflict of laws rules. No waiver by either party of any breach or default. The section headings used herein are for convenience only and shall not be given any legal importance.
17. COPYRIGHT NOTICE
Popbox display logos and the PRINTBYME brand are trademarks of Popbox display All rights reserved. All other trademarks appearing on Popbox display are the property of their respective owners.